City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - - Revised Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent Anthony Silva, Mayor/Chair Paul Canepa, Vice Mayor/Vice Chair (District 3) Elbert H. Holman Jr. (District 1) Katherine M. Miller (District 2) Moses Zapien (District 4) Dyane Burgos Medina (District 5) Michael D. Tubbs (District 6) Tuesday, February 25, 2014 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 3:30 | Regular Session 5:30 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 14-0171 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00277662) Name of Case: Wells Fargo Bank, National Association, as Indenture Trustee v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00280741) Name of Case: In re City of Stockton, California - Debtor (United States Bankruptcy Court, Eastern District of California Case No. 2012-32118) Name of Case: Richard Price, et al. v. City of Stockton, Redevelopment Agency, et al. (United States District Court, Eastern District Case No. CIV.S-02-0065 LKK JFM) City of Stockton Page 1 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 14-0172 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: City Manager Kurt Wilson Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA) This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code. Department: City Attorney 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 13-0569 AUCTIONEER SERVICES FOR THE SALE OF SURPLUS PERSONAL PROPERTY FOR THE CITY OF STOCKTON RECOMMENDATION Adopt a motion approving findings for an exception to the competitive bidding process through use of 1) a sole source local vendor South Bay City of Stockton Page 2 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Auto Auction of Stockton, CA and 2) the San Joaquin County’s auction services cooperative agreement with First Capital Auction of Vallejo, CA, to authorize the sale of surplus personal property deemed not needed for public use and to authorize the City Manager to enter into a three year contract with South Bay Auto Auction with two additional one year options to extend and to take appropriate actions necessary to carry out the purpose and intent of this motion. Department: Administrative Services Attachments: Attachment A - SJC RFP Offsite Vehicle/Equipment Auction Services Attachment B - First Capital Proposal to SJC Attachment C - Contract with SJC Attachment D - Extended Agreement Attachment E - Professional Services Contract - Auction Services SouthBay 12.2 13-1021 COUNCIL DIRECTION REGARDING THE ROLES OF THE CHARTER REVIEW AD-HOC COMMITTEE AND CHARTER REVIEW ADVISORY COMMISSION RECOMMENDATION The Council Charter Review Ad-Hoc Committee recommends that the Council approve by motion action revisions to the role of the Charter Review Advisory Commission and the scope of work of the Charter Review Advisory Committee. It is also recommended that by this motion the Council reaffirm and clarify the expectations of staff support to the Charter Review Advisory Commission. Department: Council City Charter Review Ad-Hoc Committee Attachments: Attachment A - Resolution 2013-06-11-1502-01 Attachment B - Resolution 2013-06-11-1502-02 12.3 13-1062 MEDICAL CANNABIS REFUND REQUEST RECOMMENDATION It is recommended that the City Council adopt a motion authorizing the refund of the operator’s permit fee in the amount of $30,000 to the Stockton Non-Profit Collective, Inc., DBA Port of Stockton Wellness Center. Department: Administrative Services Attachments: Attachment A - Original Request for Refund and Receipt of Payment Attachment B - Approved Request for Refund 12.4 14-0011 AWARD OF CONSTRUCTION CONTRACT AND MID-YEAR APPROPRIATION FOR PITTS PARK LIGHTING SYSTEM REPAIR, City of Stockton Page 3 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent PROJECT NO. PW 13-32 RECOMMENDATION It is recommended that the City Council approve a motion to adopt the plans and specifications for the Pitts Park Lighting System Repair, Project No. PW 13-32, and authorize the City Manager to execute a Construction Contract in the amount of $37,520 to the lowest bidder, Studebaker Brown Electric, Inc. of Roseville, CA. In addition, it is recommended that the City Council authorize the City Manager to make a mid-year appropriation from Stockton Consolidated Landscape Maintenance Assessment District No. 96-2, Zone C-7, North Stockton Projects III, Reserve for Continuing Appropriations, to Zone C-7, Maintenance and Repair Services. It is further recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map - Pitts Park Attachment B - Construction Contract 12.5 14-0012 PURCHASE OF ONE TRACTOR WITH ATTACHMENT RECOMMENDATION It is recommended that the City Council approve a motion to approve findings and authorize the purchase of one New Holland tractor and aerator attachment from Garton Tractor, Inc. of Stockton, CA in the amount of $175,049.08. Department: Public Works Attachments: Attachment A - Quotes from Garton Tractor, Inc. 12.6 14-0055 BLOSSOM INDUSTRIAL PARK ANNEXATION REFUND REQUEST RECOMMENDATION It is recommended that the City Council approve a motion authorizing a refund to David Rajkovich in the amount of $64,766.66 for the planning application fees on the Blossom Industrial Park annexation project. Department: Community Development Attachments: Attachment A - Refund Request Form Attachment B - Community Develoment Department Planning Fee Schedule City of Stockton Page 4 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 12.7 14-0058 CITY COUNCIL APPOINTMENTS TO THE CULTURAL HERITAGE BOARD RECOMMENDATION It is recommended that the City Council adopt a resolution appointing Debbie Hernandez, Wesley Swanson and Robert Holzer to the Cultural Heritage Board for terms effective immediately and ending on December 31, 2017. Department: Community Development Attachments: Attachment A - Applications for Recommended Appointments Proposed Resolution - Appointment of CHB Members 12.8 14-0102 CREATE ONE NEW CLASSIFIED/REPRESENTED CLASSIFICATION FOR THE POLICE DEPARTMENT RECOMMENDATION It is recommended that the City Council adopt a resolution creating one new classified/represented classification and establishing the salary range for Supervising Parking Enforcement Officer. Department: Human Resources Attachments: Proposed Resolution - Supervising Parking Enforcement Officer 12.9 14-0132 MIRACLE MILE IMPROVEMENT DISTRICT PROPOSED 2014 ANNUAL OPERATING BUDGET, ASSESSMENT, AND 2013 ANNUAL REPORT RECOMMENDATION It is recommended that the City Council adopt a resolution approving the proposed 2014 Operating Budget, Assessment, and 2013 Annual Report for the Property Based Improvement District commonly known as the Miracle Mile Improvement District, a nonprofit corporation. Department: Economic Development Attachments: Attachment A - Resolution 2012-06-26-1601 Attachment B - MMID Boundary Map Attachment C - Resolution 2012-12-04-1202 Attachment D - City-owned Property Proposed Resolution - MMID 2014 Budget Exhibit 1 - MMID 2014 Budget Exhibit 2 - MMID 2014 Assessment Exhibit 3 - MMID 2013 Report and 2014 Action Plan City of Stockton Page 5 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 12.10 14-0128 SET A PUBLIC HEARING FOR COUNCIL TO PROCEED WITH THE VACATION OF A PORTION OF NAVY DRIVE BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILROAD CROSSING AND WASHINGTON STREET AND RESERVING A PUBLIC UTILITY EASEMENT ALONG NAVY DRIVE, WITH ACTIONS RELATED THERETO RECOMMENDATION It is recommended that the City Council adopt a resolution setting a Public Hearing for April 1, 2014, to proceed with the vacation of a portion of Navy Drive between the Burlington Northern and Santa Fe (BNSF) railroad crossing and Washington Street at the Port of Stockton and reserving a public utility easement along Navy drive from the BNSF property to Washington Street, with actions related thereto. Department: Economic Development Attachments: Attachment A - Navy Drive Vicinity Map Attachment B - Navy Drive Aerial Map Proposed Resolution - To set Public Hearing for Navy Drive Abandonment Exhibit 1 - Navy Drive Legal Description Parcel 6 Exhibit 2 - Navy Drive Legal Description Parcel 7 Exhibit 3 - Navy Drive Legal Description Parcel 10 12.11 14-0130 ADOPTION OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE RECOMMENDATION It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton (“Successor Agency”) approve a resolution adopting the Recognized Obligation Payment Schedule for the period of July 1 through December 31, 2014, (Exhibit 1 to the Resolution) as required under Health and Safety Code Section 34177 (m). Department: Economic Development Attachments: Attachment A - Resolution 11-0251 Proposed Resolution - SA - Recognized Obligation Payment Schedule July-December 2014 ROP Exhibit 1 - ROPS 14-15A, July - December 2014 12.12 14-0131 INTERGOVERNMENTAL AGREEMENT WITH THE COSUMNES COMMUNITY SERVICES DISTRICT (COSUMNES CSD) FIRE DEPARTMENT FOR THE PURPOSE OF PROVIDING AUTOMATIC/MUTUAL AID WITH THE CITY OF STOCKTON FIRE DEPARTMENT City of Stockton Page 6 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent RECOMMENDATION It is recommended that the City Council approve and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement between the City of Stockton and the Cosumnes Community Services District (Cosumnes CSD) Fire Department for the provision of Automatic/Mutual Aid with the City of Stockton Fire Department. In addition, it is recommended that the City Manager be further authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Fire Attachments: Proposed Resolution - Mutual Aid Agreement Cosumnes FD Exhibit 1 - Agreement Automatic Aid-Mutual Aid with Cosumnes CSD Fire Department 12.13 14-0133 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2013 ANNUAL REPORT RECOMMENDATION Please accept the attached Civil Service/Equal Employment Commission’s 2013 report as an information item pursuant to City Charter Section 2525. Department: Human Resources Attachments: 2013 Annual Report to City Council 12.14 14-0137 APPROVAL OF CITY COUNCIL MINUTES Approve the minutes from the January 21, 2014 special meeting. Department: City Clerk Attachments: 2014-01-21 Special Council Meeting Minutes 12.15 14-0159 APPROVE CONSTRUCTION CONTRACT WITH MECHANICAL ANALYSIS/REPAIR, INC. (MARTECH) FOR THE ENGINE CONVERSION OF WATER WELLS 25 AND 26 RECOMMENDATION It is recommended that the City Council approve by motion the project plans, specifications, addenda, and all environmental findings; and authorize the City Manager to execute a construction contract with Mechanical Analysis/Repair, Inc. (MarTech) of Lodi in the amount of $282,719.55 for the engine conversion of water wells 25 and 26. This motion will also authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. City of Stockton Page 7 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Department: Municipal Utilities Attachments: Attachment A - Contract - 2014-01-28 - Water Well 25 & 26 Diesel Engine Conversion to Electric 12.16 14-0161 MOTION AUTHORIZING RELEASE OF REQUEST FOR PROPOSALS (RFP) FOR AN ONLINE PERIODICAL INDEX SYSTEM FOR THE STOCKT0N-SAN JOAQUIN COUNTY PUBLIC LIBRARY RECOMMENDATION It is recommended that the City Council adopt a motion authorizing a Request for Proposals (RFP) to provide an Online Periodical Index (also known as an online index of magazines and journals or online database) for the Stockton-San Joaquin County Public Library for a five year period. Department: Community Services 12.17 14-0184 APPOINTMENT OF CITY MANAGER RECOMMENDATION It is recommended that the City Council adopt a resolution affirming the appointment of Kurt Wilson as City Manager for the City of Stockton and authorizing the Mayor, on behalf of the City Council, to enter into an agreement setting forth the terms and conditions of employment with Kurt Wilson, effective February 1, 2014. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Proposed Resolution - City Manager Appointment Exhibit 1 - Agreement for City Manager (Kurt Wilson) 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0007 MEASURES A & B IMPLEMENTATION PLAN - PHASE I RECOMMENDATION Adopt a resolution approving the Phase I elements of the Implementation Plan for Measures A and B, amending the 2013-14 General Fund Annual Budget to include Measure A revenues and first phase of expenditures, and authorizing 120 sworn and 43 civilian staff positions to be phased in over four fiscal years including forty (40) additional Police Officer positions in the Police Department, one Senior City of Stockton Page 8 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Human Resources Analyst in Human Resources, one Program Manager II (Confidential), one Supervising Accountant, one Senior Accountant and one Finance Assistant in Administrative Services Department with recruitment to begin in Fiscal Year 2013-14. Department: Police Attachments: Attachment A - Measure A Implementation Plan Proposed Resolution - Measure A & B Implementation Plan 15.2 14-0074 AMENDMENT OF STOCKTON MUNICIPAL CODE CHAPTER 5.28 PAWNBROKERS, SECONDHAND DEALERS, AND JUNK DEALERS RECOMMENDATION It is recommended the City Council adopt an ordinance amending Stockton Municipal Code Chapter 5.28 “Pawnbrokers, Secondhand Dealers, and Junk Dealers,” in order to comply with State law, restructure and clarify the code provisions, provide a more comprehensive application process and include a penalty provision for violations. Department: Police Attachments: Attachment A - Ordinance re Pawnbrokers, Cash for Gold Stores, etc redline version) Proposed Ordinance - Pawnbrokers, Cash for Gold Stores, etc. 15.3 14-0202 FISCAL YEAR 2012-13 FOURTH QUARTER GENERAL FUND BUDGET UPDATE AND YEAR-END PROJECTION RECOMMENDATION It is recommended that the City Council accept this report, adopt a resolution amending the Fiscal Year 2012-13 Annual Budget to address a shortfall in funding for Debt Administration and amend the Adopted Budget Council Resolution 2013-06-25-1601-01, Section 7 to provide for the retention of $3.1 million of the Ending Fund Balance in the General Fund. Department: Administrative Services Attachments: Attachment A - General Fund 4th Quarter Budget Update Attachment B - Revenue Summary FY 2012-13 Year End Projection Proposed Resolution - 2013-14 Q4 Budget Update 15.4 14-0211 FISCAL YEAR 2013-2014 FIRST QUARTER GENERAL FUND STATUS UPDATE AND AUTHORIZATION TO AMEND THE FY 2013-2014 GENERAL FUND BUDGET RECOMMENDATION City of Stockton Page 9 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent It is recommended that the City Council accept by motion this status report on the 2013-2014 General Fund budget, and adopt a resolution amending the Fiscal Year 2013-2014 General Fund Budget to address increased property tax appropriations of $987,000. Department: Administrative Services Attachments: Attachment A - 2013-14 General Fund Q1 Budget Update Proposed Resolution - 2013-14 Q1 Budget Update 16. HEARINGS*** 16.1 13-789 PLANNING COMMISSION RECOMMENDATION TO DENY THE BEAR CREEK EAST SPECIFIC PLAN AND THE ASSOCIATED GENERAL PLAN AMENDMENT, PREZONING, AND AMENDMENTS TO EIGHT MILE ROAD AND WEST LANE PRECISE ROAD PLANS, AT THE PROJECT SITE LOCATED SOUTH OF EIGHT MILE ROAD, EAST OF WEST LANE, NORTH OF BEAR CREEK AND WEST OF THE UNION PACIFIC RAILROAD (P13-225) RECOMMENDATION Staff brings forward a resolution affirming the Planning Commission’s recommendation to deny the application for adoption of the Bear Creek East Specific Plan and the related General Plan Amendment, Prezoning, and amendments to the Eight Mile Road and West Lane Precise Road Plans, at the project site located south of Eight Mile Road, East of West Lane, North of Bear Creek and West of the Union Pacific Railroad. Department: Community Development Attachments: Attachment A - Project Location Maps Attachment B - Specific Plan Land Use and Circulation Attachment C - December 12, 2013 Planning Commission Staff Report Attachment D - Written Comments Received Attachment E - Appeal Letter Proposed Resolution - Environmental Impact Report Proposed Resolution - General Plan Amendment Proposed Resolution - Bear Creek East Specific Plan Proposed Resolution - Prezoning Proposed Resolution - Eight Mile Road and West Lane Precise Road Plan Amendments 16.2 14-0056 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO UPGRADE THE OFF-SALE OF BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC City of Stockton Page 10 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent BEVERAGES IN AN EXISTING 1,500 SQUARE-FOOT CONVENIENCE STORE AT 4511 PACIFIC AVENUE (P13-163) RECOMMENDATION It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s denial of the request for a Use Permit to upgrade the off-sale of beer and wine (Type 20 License) to the off-sale of general alcoholic beverages (Type 21 License) in an existing convenience store at 4511 Pacific Avenue. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Project Location Maps Attachment C - November 14, 2013 Planning Commissio Staff Report Attachment D - Findings for Denial Proposed Resolution-Affirming Planning Commission's Denial 16.3 14-0075 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO UPGRADE THE OFF-SALE OF BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING RETAIL OUTLET AT 8025 NORTH EL DORADO STREET (P13-148) RECOMMENDATION It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s denial of the request for a Use Permit to upgrade the off-sale of beer and wine to the off-sale of general alcoholic beverages. However, at Council’s direction, staff has also provided a resolution granting the appeal and approving the Use Permit with findings and conditions of approval. Department: Community Development Attachments: Attachment A - City Council Report of January 14, 2014 with Attachments Attachment B – City Council Minutes of January 14, 2014 Attachment C - Draft Use Permit Proposed Resolution Denying Appeal Proposed Resolution Granting Appeal 17. COUNCIL COMMENTS 18. ADJOURNMENT City of Stockton Page 11 Printed on 2/20/2014 City Council/Successor Agency to Meeting Agenda - - Revised February 25, 2014 the Redevelopment Agency/Public Financing Authority Concurrent INFORMATIONAL ITEMS 1 14-0047 ANNUAL FILING PERIOD FORSTATEMENTS OF ECONOMIC INTEREST - FORM 700 NOTIFICATION This item is to serve as notification to department staff, board and commission members, and elected and appointed officials, of the filing requirement and approaching deadline for the annual Statement of Economic Interest Statement (Form 700) filing. Completed statements are required to be filed with the Office of the City Clerk by April 1, 2014, as set by the Fair Political Practices Commission. The reporting period covered is January 1, 2013 through December 31, 2013. Department: City Clerk *Citizens may comment on any subject within the jurisdiction of the City Council/ Successor Agency to the Redevelopment Agency, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting . ***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted. **Speakers should hold comments on items listed as a Hearing until the Hearing is opened. If a large number of people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to three (3) minutes. All proceedings before the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meetings of the City Council/ Successor Agency to the Redevelopment Agency/Public Financing Authority, please contact the Office of the City Clerk at (209) 937-8459 at least 48 hours prior to the meeting to enable the City/Agency to make reasonable arrangements to ensure accessibility. CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies. City of Stockton Page 12 Printed on 2/20/2014